United States v. Frank Santora, Jr.

POLITZ, Circuit Judge:

Convicted of conspiracy, 18 U.S.C. § 371, and of interstate transportation of stolen securities, 18 U.S.C. § 2314, Frank Santora was sentenced to two consecutive three-year sentences. His conviction was affirmed on direct appeal. United States v. Santora, 619 F.2d 1052 (5th Cir.), cert. denied, 449 U.S. 954,101 S.Ct. 360, 66 L.Ed.2d 219 (1980). Santora subsequently moved pro se under Fed.R.Crim.P. 35 for an order vacating his sentences, contending that the consecutive sentences violated the double jeopardy clause of the fifth amendment. Santora maintains that the two…